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STATE v. DORT

No. 4D05-3839.

929 So.2d 1190 (2006)

STATE of Florida, Appellant, v. James Kevin DORT, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellee.

GROSS, J.

The state challenges the circuit court's imposition of a downward departure sentence without providing written reasons or engaging in the proper analysis. See §§ 921.0026(1), 921.00265, Fla. Stat. (2004); State v. Baksh, 758 So.2d 1222, 1224-25 (Fla. 4th DCA 2000). We affirm the sentence because the state failed to preserve the issue in the trial court...

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